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4.1 Assessment Roll for Unpaid Special Assessments Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Administrator/Finance Director Flaherty October 10, 2022 PRESENTER(s) REVIEWED BY: ITEM #: Administration 4.1 – Unpaid Special Charges STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending that the City Council adopt a resolution approving the assessment roll for unpaid special charges. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes – Held October 10, 2022. BACKGROUND/JUSTIFICATION: In accordance with Minnesota Statute §429.101, City staff has prepared a proposed assessment roll for the Unpaid Special Charges incurred prior to August 16, 2022. City staff has notified the property owners by following statutory notice requirements: 1) has published notice of the proposed assessment in the September 24, 2022, edition of the Star News, which is the City’s official newspaper; and 2) has mailed notice of the proposed assessment, with the respective notices being mailed on September 21, 2022. As required by Statute, the City Council will hold a public hearing, which is being held on October 10, 2022, at 7:00 p.m. in the Council Chambers located at 8899 Nashua Avenue, Otsego, MN 55330. The purpose of the hearing is not for the City Council to determine if a violation has occurred. The ability to appeal a citation is provided for as an administrative process under applicable sections of the City Code. Property owners were previously noticed of the citation, penalty amount, and any costs incurred by the City for abatement of the violation, and were given an opportunity to appeal the charges. The ability to appeal the fines and charges that are now due has lapsed for each of the properties included on the proposed assessment roll. After the public hearing is closed, the City Council will consider, and possibly adopt the proposed assessment rolls. Property owners, who have such delinquencies, were notified as mentioned above, and said notice outlined that if payment was not received by October 3, 2022, that an additional $100.00 administrative charge would be charged to the account and that the account balance would be presented to the City Council for assessment against their property. Once the delinquent unpaid special charges plus the administrative charge are approved via the attached resolution, property owners have until November 18, 2022, to pay their assessments to the City. If payment is not received by that date, the delinquent balance plus administrative charge, and interest of 4.00% per annum will be certified to the Wright County Auditor for collection with property taxes payable 2023. SUPPORTING DOCUMENTS ATTACHED: • Exhibit A – Unpaid Special Charges Assessment Roll • Resolution 2022-79 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2022-79 approving the assessment roll for unpaid special charges. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A EXHIBIT AUNPAID SPECIAL CHARGES ASSESSMENT ROLLPID Violation AddressUnpaid Citations Admin Fee Total CITATION PURPOSE118‐214‐001020 8731 O'Brian Avenue NE 800.00 100.00 900.00 Off Street Parking / Outdoor Debris Accumulation118‐214‐001030 8700 O'Brian Avenue NE 400.00 100.00 500.00 Off Street Parking / Outdoor Debris Accumulation118‐031‐001080 14436 85th Street NE 1,000.00 100.00 1,100.00 Outdoor Debris Accumulation / Illegal Home Business118‐031‐001060 14352 85th Street NE 800.00 100.00 900.00 Outdoor Debris Accumulation118‐031‐001070 14398 85th Street NE 800.00 ‐ 800.00 Outdoor Debris Accumulation118‐121‐007020 10500 Kadler Avenue NE 800.00 100.00 900.00 Wild & Scenic Shoreland Alterations / Off Street Parking118‐085‐000020 16056 71st Lane NE 800.00 100.00 900.00 No Rental License118‐033‐002060 14655 84th Street NE 800.00 100.00 900.00 No Rental License118‐032‐001100 8218 Packard Avenue NE 400.00 100.00 500.00 No Certificate of Occupancy / Off Street Parking / Outdoor Debris Accumulation / Temporary Structures118‐187‐012040 7657 Lachman Avenue NE 600.00 100.00 700.00 No Rental License118‐026‐002150 14427 89th Street NE 600.00 100.00 700.00 Outdoor Debris Accumulation / Temporary Structures118‐500‐281202 7976 Odean Avenue NE 200.00 100.00 300.00 MN State Building Code Violation118‐211‐001300 6112 MacLynn Avenue NE 200.00 100.00 300.00 No Rental License118‐196‐010050 7549 Landau Avenue NE 200.00 100.00 300.00 Off Street Parking118‐196‐010090 7503 Landau Avenue NE 200.00 100.00 300.00 Snow and Ice Removal118‐112‐002060 7514 LaBeaux Avenue NE 200.00 100.00 300.00 Off Street Parking / Outdoor Debris AccumulationTOTALS 8,800.00 1,500.00 10,300.00 Y:\Taxes & Assessments\Special Assessments\2022\Code Enforcement\Assessment RollOctober 10, 2022 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2022-79 APPROVING ASSESSMENT ROLL FOR UNPAID SPECIAL CHARGES WHEREAS, pursuant to Minnesota Statutes 429.101, subdivision 1, the listed Property Owners in the attached Exhibit A have been duly billed for administrative fines incurred for violations and administrative costs incurred by the City and have delinquent balances as of August 19, 2022; and WHEREAS, a special assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by City staff, tabulating those properties where a delinquent special charge is to be assessed with the amount, including interest and service charges, to be assessed; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for unpaid special charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. Such proposed assessment roll, attached hereto as Exhibit A, is hereby accepted and shall constitute the special assesment against the properties named therein and that the tract of land therein included is hereby found to have received and not paid for. 2. The owner of any property so assessed may at any time prior to the certification of the assessments to the Wright County Auditor pay the entire assessment to the City. Such payments must be made by the close of business on November 18, 2022, or interest will be charged through December 31 of the succeeding year. 3. Such assessment shall be payable with property taxes levied in 2022 for collection in 2023, in one annual installment with an interest rate of 4.00% per annum from the date of this resolution through December 31, 2023. 4. The Finance Director shall forthwith transmit a certified copy of this assessment to the Wright County Auditor to be extended on the property tax lists of the County. Such assessments shall be paid over in the same manner as other City property taxes. ADOPTED by the Otsego City Council this 10th day of October, 2022. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk